30 U.S.C. § 1002 — Lands subject to geothermal leasing

Page 212 TITLE 30—MINERAL LANDS AND MINING § 1001 1 So in original. Probably should not be capitalized. 2 So in original. Probably should end with a period instead of ‘‘; and’’. Sec. 1002. Lands subject to geothermal leasing. 1002a. Repealed. 1003. Leasing procedures. 1004. Rents and royalties. 1005. Lease term and work commitment require- ments. 1006. Acreage limitations. 1007. Readjustment of lease terms and conditions. 1008. Byproducts. 1009. Relinquishment of geothermal rights. 1010. Suspension of operations and production. 1011. Termination of leases. 1012. Waiver, suspension, or reduction of rental or royalty. 1013. Surface land use. 1014. Lands subject to geothermal leasing. 1015. Requirement for lessees. 1016. Administration. 1017. Unit and communitization agreements. 1018. Data from Federal agencies. 1019. Disposal of moneys from sales, bonuses, rent- als, and royalties. 1020. Publication in Federal Register; reservation of mineral rights. 1021. Federal exemption from State water laws. 1022. Prevention of waste; exclusivity. 1023. Rules and regulations. 1024. Inclusion of geothermal leasing under certain other laws. 1025. Federal reservation of certain mineral rights. 1026. Significant thermal features. 1027. Land subject to prohibition on leasing. 1028. Hot dry rock geothermal energy. § 1001. Definitions As used in this chapter, the term— (a) ‘‘Secretary’’ means the Secretary of the Interior; (b) ‘‘geothermal lease’’ means a lease issued under authority of this chapter; (c) ‘‘geothermal resources’’ means (i) all products of geothermal processes, embracing indigenous steam, hot water and hot brines; (ii) steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (iii) heat or other associated en- ergy found in geothermal formations; and (iv) any byproduct derived from them; (d) ‘‘byproduct’’ means any mineral or min- erals (exclusive of oil, hydrocarbon gas, and helium) which are found in solution or in asso- ciation with geothermal steam and which have a value of less than 75 per centum of the value of the geothermal steam or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves; (e) ‘‘known geothermal resources area’’ means an area in which the geology, nearby discoveries, competitive interests, or other in- dicia would, in the opinion of the Secretary, engender a belief in men who are experienced in the subject matter that the prospects for extraction of geothermal steam or associated geothermal resources are good enough to war- rant expenditures of money for that purpose. (f) ‘‘Significant 1 thermal features within units of the National Park System’’ shall in- clude, but not be limited to, the following: (1) Thermal features within units of the National Park System listed in Section 1 1026(a)(1) of this title and designated as sig- nificant in the Federal Register notice of August 3, 1987 (Vol. 52, No. 148 Fed. Reg. 28790). (2) Crater Lake National Park. (3) Thermal features within Big Bend Na- tional Park and Lake Mead National Recre- ation Area proposed as significant in the Federal Register notice of February 13, 1987 (Vol. 52, No. 30 Fed. Reg. 4700). (4) Thermal features within units of the National Park System added to the signifi- cant thermal features list pursuant to sec- tion 1026(a)(2) of this title. (g) ‘‘direct use’’ means utilization of geo- thermal resources for commercial, residential, agricultural, public facilities, or other energy needs other than the commercial production of electricity; and 2 (Pub. L. 91–581, § 2, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 100–443, § 2(a), Sept. 22, 1988, 102 Stat. 1766; Pub. L. 109–58, title II, § 236(1), (2), (5), Aug. 8, 2005, 119 Stat. 671.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58, § 236(5), inserted section catch- line. Par. (c). Pub. L. 109–58, § 236(1), substituted ‘‘geo- thermal resources’’ for ‘‘geothermal steam and associ- ated geothermal resources’’. Par. (g). Pub. L. 109–58, § 236(2), added par. (g). 1988—Par. (f). Pub. L. 100–443 added par. (f). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–58, title II, § 221, Aug. 8, 2005, 119 Stat. 660, provided that: ‘‘This subtitle [subtitle B (§§ 221–237) of title II of Pub. L. 109–58, enacting part B (§ 15871 et seq.) of subchapter II of chapter 149 of Title 42, The Public Health and Welfare, amending this section and sections 530 and 1002 to 1027 of this title, enacting provisions set out as notes under section 1004 of this title, and amend- ing provisions set out as a note under this section] may be cited as the ‘John Rishel Geothermal Steam Act Amendments of 2005’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–443, § 1, Sept. 22, 1988, 102 Stat. 1766, pro- vided that: ‘‘This Act [enacting sections 1026 and 1027 of this title, amending this section and sections 191, 226–3, 1005, 1017, and 1019 of this title, and enacting provisions set out as notes under sections 1005 and 1026 of this title] may be known as the ‘Geothermal Steam Act Amendments of 1988’.’’ SHORT TITLE Pub. L. 91–581, § 1, Dec. 24, 1970, 84 Stat. 1566, as amended by Pub. L. 109–58, title II, § 236(4), Aug. 8, 2005, 119 Stat. 671, provided that: ‘‘This Act [enacting this chapter and amending section 530 of this title] may be cited as the ‘Geothermal Steam Act of 1970’.’’ § 1002. Lands subject to geothermal leasing Subject to the provisions of section 1014 of this title, the Secretary of the Interior may issue leases for the development and utilization of geothermal resources (1) in lands administered Page 213 TITLE 30—MINERAL LANDS AND MINING § 1003 1 See Codification note below. by him, including public, withdrawn, and ac- quired lands, (2) in any national forest or other lands administered by the Department of Agri- culture through the Forest Service, including public, withdrawn, and acquired lands, and (3) in lands which have been conveyed by the United States subject to a reservation to the United States of the geothermal resources therein. (Pub. L. 91–581, § 3, Dec. 24, 1970, 84 Stat. 1566; Pub. L. 109–58, title II, § 236(1), (6), Aug. 8, 2005, 119 Stat. 671, 672.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 inserted section catchline and substituted ‘‘geothermal resources’’ for ‘‘geothermal steam and associated geothermal resources’’ in two places in text. § 1002a. Repealed. Pub. L. 97–214, § 7(16), July 12, 1982, 96 Stat. 174 Section, Pub. L. 95–356, title VIII, § 803(a), (b), Sept. 8, 1978, 92 Stat. 585; Pub. L. 96–125, title VIII, § 802(2), Nov. 26, 1979, 93 Stat. 948; Pub. L. 97–99, title IX, § 908, Dec. 23, 1981, 95 Stat. 1385, related to development of geo- thermal energy sources on military lands, contracts for provision and operation of production facilities and en- ergy purchases, and terms, conditions and prerequisites of such contracts. See sections 2917 and 2922a of Title 10, Armed Forces. Pub. L. 95–356, title VIII, § 803(c), Sept. 8, 1978, 92 Stat. 585, which provided that this section take effect Oct. 1, 1978, was repealed by Pub. L. 97–214, § 7(16), July 12, 1982, 96 Stat. 174. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, and applicable to mili- tary construction projects, and to construction and ac- quisition of military family housing before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of Title 10, Armed Forces. § 1003. Leasing procedures (a) Nominations The Secretary shall accept nominations of land to be leased at any time from qualified companies and individuals under this chapter. (b) Competitive lease sale required (1) In general Except as otherwise specifically provided by this chapter, all land to be leased that is not subject to leasing under subsection (c) shall be leased as provided in this subsection to the highest responsible qualified bidder, as deter- mined by the Secretary. (2) Competitive lease sales The Secretary shall hold a competitive lease sale at least once every 2 years for land in a State that has nominations pending under subsection (a) if the land is otherwise avail- able for leasing. (3) Lands subject to mining claims Lands that are subject to a mining claim for which a plan of operations has been approved by the relevant Federal land management agency may be available for noncompetitive leasing under this section to the mining claim holder. (4) Land subject to oil and gas lease Land under an oil and gas lease issued pursu- ant to the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Ac- quired Lands (30 U.S.C. 351 et seq.) that is sub- ject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under subsection (c) by the holder of the oil and gas lease— (A) on a determination that geothermal energy will be produced from a well pro- ducing or capable of producing oil and gas; and (B) to provide for the coproduction of geo- thermal energy with oil and gas. (c) Noncompetitive leasing The Secretary shall make available for a pe- riod of 2 years for noncompetitive leasing any tract for which a competitive lease sale is held, but for which the Secretary does not receive any bids in a competitive lease sale. (d) Pending lease applications (1) In general It shall be a priority for the Secretary, and for the Secretary of Agriculture with respect to National Forest Systems land, to ensure timely completion of administrative actions, including amendments to applicable forest plans and resource management plans, nec- essary to process applications for geothermal leasing pending on August 8, 2005.1 All future forest plans and resource management plans for areas with high geothermal resource po- tential shall consider geothermal leasing and development. (2) Administration An application described in paragraph (1) and any lease issued pursuant to the applica- tion— (A) except as provided in subparagraph (B), shall be subject to this section as in effect on the day before August 8, 2005; or (B) at the election of the applicant, shall be subject to this section as in effect on Au- gust 8, 2005. (e) Leases sold as a block If information is available to the Secretary in- dicating a geothermal resource that could be produced as 1 unit can reasonably be expected to underlie more than 1 parcel to be offered in a competitive lease sale, the parcels for such a re- source may be offered for bidding as a block in the competitive lease sale. (f) Leasing for direct use of geothermal re- sources Notwithstanding subsection (b), the Secretary may identify areas in which the land to be leased under this chapter exclusively for direct use of geothermal resources, without sale for purposes other than commercial generation of electricity, may be leased to any qualified appli- cant that first applies for such a lease under reg-